BURLINGTON — The Vermont State Police say a prosecutor has told them to withhold the results of alcohol breath tests from an off-duty Burlington deputy police chief who is accused of driving while intoxicated.

Deputy Chief Andi Higbee, of Colchester, was arrested July 21 in Sheldon. His attorney said an alcohol breath test showed Higbee was under the legal limit for driving; a second test a few minutes later showed he was slightly over the legal limit.

The Burlington Free Press says it made a public records request for the tests. It was denied by John Wood, deputy commissioner of public safety, who said the department conferred with Franklin County State’s Attorney James Hughes.